Legal Opinion

Matthews v. Kennedy

Supreme Court of Georgia

Decided April 27, 1901PublishedCited by 7 opinions

Levy and claim. Before Judge Reagan. Upson superior court. August 31, 1900.

1Opinion of the CourtLittle, J.

1. Evidence that title to the mules on which the husband had created a mortgage was in the wife was amply sufficient to support the verdict rendered by the jury in her favor as claimant of the property.

2. A mortgage creditor who did not extend credit on the faith of the property in the possession of the debtor, but obtained a lien on it to better secure a pre-existing debt, has not the same equities against the real owner who permits another to use and control personalty under circumstances warranting an inference that such owner was allowing the one in possession to hold the property out as…

2Cases cited2 opinions

  1. Dinkler v. Potts & PottsSupreme Court of Georgia · 1892
  2. Exchange Bank v. H. B. Claflin Co.Supreme Court of Georgia · 1897

3Cited by7 opinions

  1. Mashburn & Co. v. Dannenberg Co.Supreme Court of Georgia · 1903
  2. Groover v. Savannah Bank & Trust Co.Supreme Court of Georgia · 1938
  3. Turner v. WilliamsCourt of Appeals of Georgia · 1923
  4. Horton v. Wright, Barrett, & Stillwell Co.North Dakota Supreme Court · 1917
  5. Hubert v. Merchants' BankSupreme Court of Georgia · 1911

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